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Month: June 2017

How NRI Can Get Certificate of Indian Nationality Online?

How NRI Can Get Certificate of Indian Nationality Online?

Who is the citizen of India?

Do you think every person born in India is its citizen? This ideology used to consider absolutely fine between the decades of 1950s & 1980s. The citizenship law of that decade stated-“every India-born person is a citizen of India”.

But later in July 1, 1987, this law underwent revision. As per amendment, that person would not be eligible to claim citizenship of India unless either of the parents is the Indian.

Once again, this law was refined. The amendment occurred on December 7, 2004. What it stated that the person would be considered as the citizen of this country by birth if either of his/her parent is the Indian. This clause will be valid even though either of his/her parent would be an illicit immigrant.

Who are illicit immigrants?

These two criteria define who the illicit immigrant is:

  • The person who crosses the territory of India without valid passport and visa.
  • The person who travels with valid passport and visa but overstays the limited time of visa.

What is Certificate of Indian Nationality or Domicile Certificate?

The certificate of Indian nationality is also known as citizenship certificate or domicile certificate. It certifies that the recipient is the citizen of this country.

Any foreigner can also obtain it provided that he/she has surrendered the previous country’s citizenship. And also, he/she has been ordinarily residing in India for 12 years continuously. If the foreigner is living here for 12 months preceding the date of application of this certificate and the rest 11 years have been aggregated in 14 years, he would be eligible to obtain this certificate. It is also known as “Citizenship of India by Naturalization”.

Who can get this certificate? 

The following individuals can apply for registration of their citizenship certificate or the certificate of Indian nationality:

  • The one who takes birth to the Indian citizens.
  • Either of whose parents has been living in India since it was undivided and the whole family is living here for 7 years ordinarily.
  • The (foreigner) one who is married to the Indian national and is living here for 5 years or more.
  • Citizens of Singapore and Canada who lived here for 5 years and 8 years respectively.
  • The one who was born to Indian citizens and living anywhere in the world.

Steps to get citizenship certificate online:

  1. By third party:
  • Contact the third party NRI services provider, like S2NRI.
  • Get registered with the site: https://www.services2nri.com/ and then, login.
  • Send inquiry to apply for ‘Certificate of Indian Nationality’.
  • The ‘thank you message’ will be delivered with the short note of tuning back shortly.
  • Attach the required document as mentioned in the next mail. The list of supporting document is given below.
  • The processing can be 14 days to one month long for verification.
  • Once all processes would be done, the citizenship certificate would be delivered via email.
  1. By government website:
  • Visit the official government website: http://indiancitizenshiponline.nic.in/ic_form_public.aspx
  • Choose the consistent option from the 8 popping hyperlinks.
  • Click on the ‘How to Apply Online’ hyperlink at the bottom.
  • Fill the popped up form.
  • Pen down the ‘Temporary Application ID’ mentioned at the top.
  • Click ‘Save’.
  • Go to ‘Back’ page.
  • Click on the next tab that will land you to the page with title: “Details of Family Members Staying in India with Applicant”.
  • Likewise, open the tab ‘Criminal Proceeding’ and fill the details.
  • Then, go to the last tab ‘Photo/Description’ to upload your photo.
  • Finally, click on the ‘Submit to Ministry’ tab at the bottom.
  • The MHA file number will pop up. Store it safely for future reference.
  • Then, upload window will emerge. Upload the required document, like scanned copy of passport & visa.
  • Click on print application tab later to take out its hard copy.
  • Pay through Challan in original worth INR 500 at SDM office or Deputy Commissioner.

Documents required for domicile or nationality certificate:

  1. Application form that is duly filled and self-attested.
  2. Valid passport or ‘Residential Permit’.
  3. Aadhaar card if it spells the name similar to the applicant’s birth certificate (but it’s not mandatory).
  4. Self-declaration in case the person is major by age or above 18 years of age.
  5. Digitally photograph that is captured at the time of application submission or verification.
  6. Supporting documents, like Utility Bill
  7. Birth certificate by naturalization.
  8. Alternatively, the person born before January 26, 1950 can submit:
  • Birth proof
  • Passport
  1. The person born on or after July 1, 1987 can submit:
  • Birth certificate
  • Parent’s birth certificate, if either of the parents was an illicit immigrant when the applicant was born.
  1. The person born on or after December 7, 2004 can submit:
  • Birth certificate
  • Parent’s citizenship proof, if either of the parents was living illicitly in India at the time of applicant’s birth in India.

Checklist of approved citizenship proofs:

  • Birth certificate
  • Voter ID card
  • Passport
  • Caste certificate (probably accepted, depends on the state officials)

Checklist of probable citizenship proofs:

  • Driving licence
  • Aadhaar card
  • PAN card

How to Get Affidavit of Marital Status from India?

How to Get Affidavit of Marital Status from India?

Affidavit is a documented sworn of a person. For proving lawfulness, it is treated as a bona fide document of support. It can be of multiple types. Here is the list of the main affidavits that can be required at point of time in life:

  • Affidavit of Small Estate
  • Affidavit of Heir-ship
  • Affidavit of Residence
  • Affidavit of Changing Name
  • Affidavit of Support
  • Financial Affidavit
  • Affidavit for Single Status
  • Affidavit for Marital Status
  • Affidavit for Birth Certificate

This list does not end here. But this blog is dedicated to the affidavit that proves marital status particularly. So, my suggestions would be around ‘how to get this affidavit’.

What is an affidavit of marital status?

As I told, it’s an oath of being married in writing that is attested further by the court or magistrate. Many of us turn blind eye to its vitality, especially when it comes to immigration. Many aspirants fly to the US, UK, China, Singapore, UAE, Dubai, Kuwait and many more countries for giving shape to their career and education. The foreign ministry of those countries refuses to those who fail to provide affidavit of single status from India. Later, a few of them decide to solemnize wedding there with the foreigner.

The European countries, like USA, reject immigration of the dependent spouse from India. This is the very point of time when the want of getting affidavit of marital status from India rises.  There is another scenario when the non-resident is likely to attain green card or permanent citizenship of the foreign country. The absence of this affidavit can spill the beans over their dreams.

In the nutshell, it is essential to withdraw this legal document for proving the bona fide marriage.

How to get ‘affidavit of marital status’ from India?  

  • Who should apply?

This document is required post wedding to prove that you are married. Husband and wife can file a petition for obtaining it separately or jointly.

  • When do you apply?

The couple should bear in mind that its physical presence is a must before the magistrate or marriage registrar after marriage.

  • Where should you apply?

This document should be withdrawn from where the pair tied the knot. For example, if the pair got wedded in Mumbai, it has to apply for it in the regional court.

  • Which documents are required?

The bride and bridegroom should submit separate proofs of their own.

  1. Wedding invitation card.
  2. Certificate from the priest who performed the matrimonial rituals.
  3. Age proofs of the affiants that can be School Leaving Certificate, Birth Certificate, Domicile Certificate, adhaar card or PAN Card.
  4. Residential proofs that can be ration card, passport, voter id, rental agreement or any utility bill, like electricity bill, water bill etc..
  5. 3 witnesses’ proof that can be their ration card, voter id, adhaar card, driving licence or government identity card.
  6. Photographs of the marriage

If the wedding card in unavailable, the affidavit of marital status from India would be essential.

  • What’s the format of the affidavit?

The given format is an example of a spouse. It’s just for deriving idea of the content that should be put in the affidavit. Being accommodated with the content of the married, unmarried status and divorced, it demonstrates what multi-purposes it can serve.

  • Should it be attested?

Yes, it’s absolutely mandatory that the affidavit should be attested by the magistrate or sub-divisional court. Later, embassy would seek it. Or, the affiant should himself/herself take attestation services in to get it stamped from the consul. Further, this document can be submitted to the foreign immigration office to get the green card or immigration visa.

How Do NRIs Change Address in H1B Visa Petition in the US?

How Do NRIs Change Address in H1B Visa Petition in the US?

It may be possible that you need to change your work location in the USA. Or, the US employer may change your work location willingly. The expats must drill their head to know what should be done in such situation. It’s a must that the norms must be looked into prior.

As H1B visa is procured to work in the US, the expat must be a no Greek to amendment or changes in the H1B petition. Yes, it’s compulsory to get the changes in location marked. While doing so, these tips for changing address or location of work in H1B visa would be helpful. So, keep them in your mind.

Which guidelines of USCIS do mandate amendment in visa?

The USCIS or ‘United States Citizenship and Immigration Services’ executes immigration rules in the US. According to its one of the mandates, the expat has to file a petition called the new Labour Conditions Application (LCA) after noticing change in his work location. It’s a substantial step that is a must to follow for upgrading the location mentioned in the visa.

When is the time to change location on H1B visa?

The US employer has a few steps to take for upgrading the record-books of the USCIS. However the work-location would be changed for the expat but the petitioner would be the US employer. But this condition is applied only if the expat is going to be relocated outside the metropolitan statistical area or the area for which he is employed. That region is mandatorily mentioned in the visa papers. And if location changes later, the US employer must:

  • File for H1B amendment. It must be done prior to relocating if the change of location is decided after August 19. However, there is no need to wait for approval as petition is more important.
  • There is a timeframe fixed to change the location that lasts between April 9 and August 19. If the application is not filed, the employer as well as the employee would come out of compliance.
  • The last date of filing this amendment application is January 15. If so does not happen, the USCIS would be free for deportation initiation.

When is it not required?   

The amendment petition would not be required if:

  • The location would lie within the ‘area of intended employment’. The employer, in this case, would be liable to send the existing LCA certificate for attestation services to the immigration authority within 10 business days.
  • The expat is generally relocated for 30 to 60 days. In case, the relocation would be shorter than the said period, no new LCA would be required.
  • The site is not the actual workplace of the expat.

What if the petition is rejected?

Sometimes, it may be possible that the petition for H1B amendment is canceled. In such case, the US employer can reapply with all the evidences and concrete proofs. But this should be done before the due date (i.e. 15th January)    

Consequences if not filed for amending location: 

If the US employer fails to file it:

  • The petitioner will no more be in compliance with the DHS (Department of Homeland Security) regulations.
  • The petitioner would be eligible to face off notice of intent which can initiate revocation.
  • The expat would no more be able to maintain his/her H1B visa status.

It’s true that the revocation can be initiated if the LCA certificate is not submitted. But it’s also true that the final decision lies in the hands of the USCIS. It can put the revocation on hold if would find no concrete reason other than the delay of filing for new LCA certificate.